Example of a successful petition for rehearing in a Court of Appeals.

• Jurisdiction: United States

Section 169. Example of a successful petition for rehearing in a Court of Appeals.—In considering the document that is reproduced in the section which follows, the reader should have these dates in mind:

Appellant's reply brief in the Herzog case—the one now in question—was filed on April 12, 1955. On the day before, April 11, a division of the Ninth Circuit had decided Block v. United States, 221 F. 2d 786, which reversed a conviction on the strength of an erroneous charge to which no objection had been made at the trial. An identical instruction, similarly not objected to, appeared in the Herzog record. When the Herzog case was argued, on April 19, counsel for the appellant relied on the Block decision as an additional ground for reversal; the court requested that this ground be...